OROVILLE — A Chico man found not guilty by reason of insanity in the attempted murder of his brother had a life prison term recalled hours later Wednesday due to a sentencing error.

David Ray McCormick, 58, was originally sentenced to 17-years-to-life in prison, with the judge staying execution of the sentence and ordering the defendant held pending a determination of where to confine him within the state mental health system.

Deputy district attorney Glenn Jennings, who said it was only the second such case he”s handled, agreed after consulting with others in his office, “You can”t sentence somebody when they”re found not guilty by reason of insanity.”

After conferring with the attorneys, Butte County Superior Court Judge Robert Glusman set aside McCormick”s sentence Wednesday afternoon.

Glusman told the defendant it didn”t materially affect the disposition of his case, since the judge”s intention all along was to have McCormick committed to a state hospital, “where you wanted to go in the first place.”

Glusman had called it “a very unfortunate case,” noting that both the attacker and the victim, his brother Paul McCormick, suffered from mental problems that undoubtedly figured in the assault.

According to Chico police reports, the defendant admitted stabbing his brother several times with two knives last Nov. 28 at the Downing Avenue apartment the two men shared.

Jennings said the two brothers had gotten into “a verbal argument that day over a malfunctioning electronic device.”

According to police reports, the suspect picked up a shotgun and tried to shoot his brother, but the weapon misfired.

“He obtained a knife from the kitchen and stabbed his brother until the knife broke and then went back and got another knife and stabbed him again until his brother bit him in the arm, and that stopped the assault,” said the prosecutor.

Medical reports at the time indicated the stab wounds were not life-threatening.

David McCormick subsequently pleaded guilty to first-degree attempted murder with the use of two deadly weapons.

Based on the findings of two court-appointed psychiatric doctors, the judge ruled the defendant was not guilty by reason of insanity.

According to McCormick”s lawyer, Michael Rooney, the Chico man had been receiving psychiatric care through the Veterans Administration for several years prior to the assault on his brother.

“He has never displayed any kind of behavior like this before. All of the family wants him treated as a mental health patient, not a criminal,” said Rooney previously.

The defense attorney said prior to the assault, the two brothers had gotten along well and the victim “still desires to reside together.”

After setting aside the initial sentence in the case Wednesday, the judge once again ordered McCormick to remain held without bail pending a determination as to where he will be placed within the state mental health system.

By law, the Chico man could be confined potentially for the rest of his life in a locked state hospital, or until the court determines he has been restored to sanity and is no longer a danger to himself or others.